Settlement Services Terms and Conditions
These terms and conditions govern the title insurance and settlement/closing services provided by Essent Title. “You” means the party submitting the order for services to Essent Title. By submitting orders for the services to Essent Title, You understand and agree to these terms and conditions.
Scope of Services. Essent Title will provide the title insurance and settlement/closing services requested by You through orders placed by You through Essent Title’s website or order management portal at the at the fees specified in the rate schedule provided to You. It is understood that Essent Title may be utilizing Essent Title’s affiliates and/or network of providers for certain services.
Term and Termination. Services provided by Essent will commence upon its receipt of an order. Essent may terminate access or eligibility to submit orders at any time in its sole discretion.
Fees and Expenses. The fees listed herein are estimates only and are provided for general informational purposes. Actual fees and expenses may vary based on the specific details of each transaction, including but not limited to property location, transaction type, loan amount, and other relevant factors. A formal quote will be provided upon receipt of transaction information with Your quote request.
Indemnification, Exclusion of Damages and Limitation of Liability.
Essent Title liability where a title insurance policy, endorsement or closing protection letter is issued. With regard to specific claims directly attributable or related to specific transactions concerning real property insured under a title insurance policy, endorsement or closing protection letter (“CPL”), You shall have available all remedies under any title insurance policy, endorsement or CPL issued in connection with the subject transactions. Solely with regard to such claims, where these terms and conditions conflict with the terms, conditions, covered risks, provisions, exceptions or exclusions of the pertinent title insurance policy, endorsement or CPL, the terms, conditions, covered risks, provisions, exceptions and exclusions of the applicable title insurance policy, endorsement, or CPL control. With regard to such specific claim, You must pursue and shall be limited to all remedies available to You under the title insurance policy, endorsement, or CPL issued in connection with the subject transaction.
Essent Title liability where a title insurance policy, endorsement or closing protection letter is requested by You, but not issued due to Essent Title’s negligent acts or omissions, or willful misconduct. With regard to any potential loss from claims that are denied, or whereby liability coverage is not provided for under the title insurance policy, endorsement, or CPL, or with regard to specific claims related to services by which no title insurance policy, endorsement or CPL was issued, due in each case to Essent Title’s negligent acts or omissions, or its willful misconduct, Essent Title will indemnify and hold You harmless against such claims, only to the extent such claims result from the services and are determined to result directly from Essent Title’s negligent acts omissions, or its willful misconduct. With regard to such claim, You shall pursue and be limited to all remedies available to it under the title insurance policy, endorsement, or CPL that would have been issued in connection with the subject transaction, but for the negligent acts or omissions, or the willful misconduct of Essent Title. For purposes of this Section, the negligent acts or omissions, or the willful misconduct, of Essent Title do not include its underwriting determinations.
Essent Title liability where a title insurance policy, endorsement or closing protection letter is not requested by You. With regard to claims related to services by which no title insurance policy, endorsement or CPL was requested by You, Essent Title will defend, indemnify and hold You harmless against losses, only to the extent of the of the fee paid for the service from which the claim arises and is determined to result from the negligent acts, omissions, or the willful misconduct of Essent Title.
IN NO EVENTS OTHER FRAUD OR WILLFUL MISCONDUCT SHALL ESSENT TITLE BE LIABLE TO ANY PARTY UNDER, IN CONNECTION WITH, OR RELATED TO THE SERVICES, FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER THAT PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
No Agency. Nothing herein will constitute or be construed to create the relationship of principal and agent or a partnership or joint venture between You and Essent Title.
Complete Understanding; Amendment; Waiver. This constitutes the complete understanding between the parties regarding the performance of the services by Essent Title, and supersedes all prior agreements, whether oral or written, by or between the parties hereto with regard to the subject matter. These terms and conditions shall not be altered, modified, amended, or terminated except by written instrument signed by the parties hereto, or as may be updated on Essent Title’s website from time to time without prior notice. Waiver by any party hereto of any breach hereunder by the other party shall not operate as a waiver of any other breach, whether similar to or different from the breach waived. No failure or delay in exercising any right, power, or privilege will operate as a waiver of any such right, power, or privilege, nor will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.
Severability. If any provision herein or the application of any such provision to any party or circumstances shall be determined by any court of competent jurisdiction to be invalid and unenforceable to any extent, the remainder or the application of such provision to such person or circumstances other than those to which it is so determined to be invalid and unenforceable, shall not be affected thereby, and each provision hereof shall be validated and shall be enforced to the fullest extent permitted by law.
Assignment. You may not assign any rights or interests herein or delegate duties hereunder without the prior written consent of Essent Title, and any such assignment or attempted assignment or delegation by You will be void and of no effect.